MCSO SOP 302.00 V (R) - Martin County, Florida

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http://sop.sheriff.martin.fl.us/powerdms/Documents/MCSO/1165.asp 

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9/22/2009 

DATE REVISED NUMBER PAGE NUMBER 

08-25-06 06-14-06 302.00 1 of 16 

MANUAL 

PROCEDURE 

RELATED CALEA STANDARDS 

1.3.9-11, 26.1.4, 33.1.5 

16.3.6, 73.3.1 

SUBJECT: WEAPONS AND AMMUNITION 

I. PURPOSE: The purpose of this procedure is to identify the approved 

weapons and ammunition for sworn personnel and establish guidelines 

for the use of these weapons. 

II. SCOPE: This procedure shall apply to all Sheriff's Office personnel 

authorized to carry firearms. 

III. DISCUSSION: As long as members of the public are victims of violent 

crimes and law enforcement officers are confronted with deadly force 

in the performance of their duty, it will remain necessary for 

deputy sheriffs to be properly armed. 

IV. DEFINITIONS: 

SECTION 

STANDARD OPERATING 

AMENDS / SUPERSEDES 

1.3.6, 1.3.8, 1.3.12, 16.4.9, 73.1.7, 

73.1.8 

A. Firearms Training Unit - This unit is responsible for the 

training, evaluation and proficiency of all deputy sheriffs 

authorized to carry a firearm. 

B. Certified Firearms Instructor - One who possesses a current 

and valid certification from the Florida Criminal Justice 

Standards and Training Commission in the subject area of 

firearms. 

C. Service Firearms - Firearms which are carried or used in 

conjunction with duties and authority of Sheriff's deputies. 

D. Primary Service Firearms - Primary service firearms for 

Sheriff's law enforcement deputies and corrections 

deputies. 

E. Off Duty Firearms - Those firearms which are approved by the 

Firearms Training Unit for off duty use by uniform and 

non-uniform personnel authorized to carry firearms. 

F. Secondary Firearms - Firearms approved by the Firearms Training

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Unit and carried by Sheriff's deputies as concealment (back-up) 

firearms. 

G. Alternate Service Shotguns or Rifles - Shotguns or rifles 

carried by Sheriff's Deputies issued by the Sheriff's Office or 

personally owned and approved by the Firearms Training Unit. 

V. PROCEDURE: 

A. General: All employees of the Martin County Sheriff's Office, 

when not expressly authorized by the Sheriff, are prohibited 

from carrying weapons or firearms either openly or concealed 

while on or off duty, and/or while in any official uniform, or 

while acting under the color of authority of the Sheriff's 

Office. 

1. Civil deputies, whose primary responsibility is the 

service of various kinds of judicial processes are 

likewise prohibited from carrying weapons or firearms, 

either openly or concealed, while in the performance of 

their official duties. Any Civil Deputy who is sworn now 

or will become sworn in the future and expressly 

authorized by the Sheriff to carry a firearm, is exempt 

from this prohibition. 

2. Civilian personnel are prohibited from carrying weapons or 

firearms, either openly or concealed, while in the 

performance of their official duties, or when acting under 

the color of authority of the Sheriff's Office either on 

or off duty. 

3. This policy is not intended to infringe upon an employee's 

constitutional or statutory rights to bear arms for lawful 

self defense: nor is it the intent of the Sheriff to 

legislate policy that would interfere with an employee's 

right as a citizen to carry concealed weapons or firearms 

lawfully while off duty, out of uniform, and when not 

acting under the color of authority of the Martin County 

Sheriff's Office. 

4. The Sheriff accepts no responsibility for the personal 

actions of any member of the Sheriff's Office whether 

civilian or sworn, as a result of carrying a concealed 

weapon or firearm while off duty, out of uniform and when 

not acting under the color of authority of the Martin 

County Sheriff's Office. Further, the Sheriff will not 

accept responsibility for the personal actions of any 

employee as a result of carrying a concealed weapon or 

firearm after the deputy or employee is separated or 

retired from the agency notwithstanding the provision of 

Florida State Statute 790.06(05)(b), to the contrary.

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5. All full and part time certified Law Enforcement deputies 

are authorized to carry firearms while on and off duty. 

B. Firearms: 

1. On duty deputy sheriffs, who are authorized to carry 

firearms will carry only authorized firearms with which 

they have qualified. 

a. Deputy sheriffs authorized to carry firearms 

off-duty shall carry on or about their person, their 

identification cards and an approved loaded firearm, 

unless the deputy expects to consume or has consumed 

intoxicating beverages. 

b. Off duty deputy sheriffs authorized to carry 

firearms will carry only authorized firearms with 

which they have qualified. 

c. Off duty deputy sheriffs driving an official 

vehicle or who take official law enforcement action 

will have identification and an authorized firearm 

in their possession. 

2. All uniformed deputy sheriffs authorized to carry firearms 

will only carry firearms authorized by the Firearms 

Training Unit. 

3. A current list of authorized firearms will be maintained 

by the Firearms Training Unit, and may be inspected upon 

request. 

4. Firearms Training Unit may add or delete firearms as they 

are approved. 

5. Non-uniform deputy sheriffs should carry, if practical, 

one extra loaded magazine for semi-automatic firearms or 

the same number of rounds for which their revolver is 

chambered. 

6. On duty uniform deputies' firearms will be carried in 

holsters approved by the Firearm Training Unit. Approved 

holsters shall not be altered in any way. 

All sworn members of the Departments of Law Enforcement 

and Administration may receive an agency issued Glock 

semi-automatic firearm in .40 caliber. They shall also be 

issued an accompanying holster, three (3) magazines and

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one (1) magazine holder for duty usage. 

7. Firearms must be purchased at the deputy's own expense, if 

the deputy is carrying a pistol/revolver other than 

Sheriff's Office issue. 

Sworn members wishing to carry any other firearm on-duty 

may choose one from the approved weapons list. The member 

will be responsible for purchasing the weapon, holster, 

magazines and magazine holder at his or her own expense. 

8. The Sheriff's Office will provide deputies with one 

uniformed holster, ammunition pouch /speed loaders. If 

the deputies change firearms which require a different 

holster, ammunition pouches/speed loaders, the deputies 

will purchase these at their own expense. 

On-duty uniform deputies will carry their firearms in a 

Level III Holster, unless assigned to a specialized unit 

which requires tactical holsters. The finish will 

compliment the rest of the duty belt. Other holsters may 

be approved individually by the Training Unit by 

submitting a request through the chain of command. 

9. Deputy sheriffs not in uniform who are authorized to carry 

firearms will have the option of carrying either the 

approved revolver in a barrel length of not less than two 

(2) inches or a semi-automatic pistol as approved in 

section 1b and 3, above. 

10. Deputies on duty but in plain clothes should keep their 

firearms concealed whenever possible. If a deputy=s 

firearm is in plain view, his/her badge will also be worn 

in plain view. 

11. On duty uniform personnel shall carry a minimum of two 

loaded magazines for semi-automatic/automatic firearms or 

twice the number of rounds necessary for a revolver to be 

fully loaded, upon their person. 

C. Off Duty Firearms: 

1. Any firearm approved for on duty use may be carried when 

off duty by authorized uniform and non-uniform personnel. 

2. Any pistol/revolver that the Firearms Training Unit has 

inspected and approved may be carried. 

3. Deputies who are not on duty and not in uniform will 

assure that their weapon is concealed from public view.

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4. All Sheriff's Office Reserve II (Auxiliary) deputies will 

be prohibited from carrying a firearm while not serving in 

an on-duty status with the Martin County Sheriff's Office. 

a. This shall not prohibit a Reserve II from obtaining a 

permit from the State of Florida to carry a concealed 

firearm while off-duty. 

b. If a Reserve II carries and/or uses a firearm while 

not in an on duty status with the Martin County 

Sheriff's Office, he/she is not acting under the 

color of law nor the authority of the Sheriff, but 

acting as a private citizen. Any and all applicable 

State laws, Federal laws, county and municipal 

ordinances apply to that person as any other private 

citizen. 

D. Second/Backup Firearms: All Law Enforcement personnel may carry 

a second/backup firearm. This weapon may be carried in 

conjunction with but not limited to the personnel's primary 

approved on/off duty weapon. Second/backup firearms include 

the following: 

1. Any approved on duty/off duty weapon. 

2. Any other weapon which has been submitted for inspection 

and approval to the Firearms Training Unit. The 

inspection by the Firearms Training Unit is to ensure the 

reliability and safety of the weapon. 

3. Second/backup firearms will be concealed from plain view. 

4. Second/back-up firearms shall only be carried by deputies 

who have shown proficiency with the firearm. 

5. An approved second/back-up firearm may be carried as an 

Aonly@ weapon under the following circumstances: 

a. As long as concealment of firearm does not pose a 

threat to employee or innocent by-stander of 

accidental discharge during participation of an 

activity; and 

b. Clothing worn by employee specific to the activity in 

which employee participates precludes carrying 

approved off-duty firearm; 

E. Trigger Shoes and Accessories: The use of trigger shoe and/or 

trigger accessories on firearms is prohibited.

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F. Altering Weapons: All weapons authorized to be carried on or 

off duty will not be altered in any way outside of the 

manufacturer's specifications. 

G. Ammunition: All Sheriff's Office deputies will carry only 

ammunition issued by the Sheriff's Office in all authorized on 

and off duty firearms and extra ammunition pouches. Ammunition 

will be supplied by the Firearms Training Unit, and replaced 

not less than annually. Ammunition will not be altered in any 

way. 

1. Ammunition for second firearms must be approved by the 

Firearm Training Unit and purchased by the individual 

deputy. 

H. Care of Firearms: Deputies will keep firearms secure and in 

good working order. Deputies shall not use or handle firearms 

in a careless or imprudent manner. 

I. Lost/Stolen Firearm: 

1. The loss or theft of an employee's firearm(s) will be 

reported in writing through the chain of command to the 

department director. 

2. The employee will also make a police report to the law 

enforcement agency having jurisdiction where the loss or 

theft occurred. 

3. The employee will ensure that an entry is made into the 

NCIC/FCIC system. 

4. A copy of all relevant reports will be forwarded to the 

Criminal Investigations Division by the employee's 

commanding supervisor. 

5. If the firearm(s) is recovered, the employee will ensure 

that proper supplementary reports are filed and 

cancellation made in the NCIC/FCIC system. The weapon will 

be inspected by the Sheriff's Office armorer prior to 

being authorized for use. 

6. Loss or theft of a Sheriff's Office owned/issued firearm 

due to negligence on the part of the deputy will be 

grounds for disciplinary action and reimbursement to the 

Sheriff's Office for the cost of the weapon when 

applicable. 

7. The Sheriff=s Office is not responsible for any personally

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owned weapon/firearm stolen from a Sheriffs Office vehicle. 

8. Weapon security is the responsibility of the deputy to 

whom the firearm is issued/owned. 

J. Police Officers appointed as Deputies - Firearms 

Qualifications: The policy of this agency regarding firearms 

qualification for Deputies is as follows: 

1. Any municipal police officer sworn in as a Deputy Sheriff 

to work special assignments with this agency will meet the 

same firearms qualification as a regularly sworn Martin 

County Deputy Sheriff. This will include the initial 

qualification as well as adhering to our re-qualification 

schedule. 

2. No police officer appointed as a deputy will be sworn in 

until the Division Commander he is assigned to attests to 

him having met our initial qualification. It will then be 

the responsibility of the unit supervisor he works for to 

issue him a schedule along with our deputies for his 

continual training. Arrangements should be coordinated 

with the Firearms Training Unit. 

3. All police officers appointed as deputies are encouraged 

to carry firearms authorized under Section V (B) 2 

(Firearms) and (3), above. They are also permitted to 

carry any firearms authorized by their respective law 

enforcement agencies. 

4. The Sheriff or his designee may waive procedures in 

section J for the following circumstances: 

a. Police Officers borrowed under mutual aid agreement 

and temporarily assigned to Martin County Sheriff's 

Office. 

b. Any special or emergency circumstances which warrant 

immediate temporary assignment of a police officer 

from another jurisdiction to the Martin County 

Sheriff's Office. 

K. Surrendering Your Weapon: A deputy may be confronted by an 

armed person who has the advantage; however, the danger is not 

reduced by the deputy surrendering his weapon upon demand. 

Surrendering his weapon might mean giving away the only chance 

for survival. Therefore, a deputy should use every tactical 

tool to avoid surrendering his weapon.

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L. Weapons in Correctional Facilities: No person will enter the 

secure area of the Sheriff=s Office Correctional Facility with 

firearms, ammunition, chemical agents, or electrical weapons, 

except in emergencies, and then only when authorized by the 

Officer-in-Charge or designee. Weapons lockers are provided 

near the secure entrance of the facility. Under no 

circumstances will weapons or ammunition be placed in a desk 

drawer or other container which has common access. 

1. Exceptions: 

a. The chemical agent oleoresin capsicum or other 

suitable agent is authorized to be carried inside the 

corrections facility by authorized certified 

correctional and law enforcement deputies trained in 

its use. 

b. Law Enforcement Deputies assigned an Electronic 

Control Device may carry these units in the booking 

area of the jail ONLY. 

2. Correctional Deputy Sheriffs whose primary responsibility 

is the supervision, protection, care, custody, and control 

of inmates are prohibited from carrying concealed weapons 

or firearms while in the performance of their official 

duties or while in official uniform unless specifically 

authorized in writing. 

3. This section shall not prohibit correctional Deputy 

Sheriff's from carrying an authorized issued weapon or 

firearm during the transport of inmates to and from the 

jail. 

M. Weapons Aboard Commercial Aircraft: A deputy sheriff will not 

carry a firearm aboard a commercial aircraft in flight without 

the written approval of his commanding officer. All Federal 

statutes as well as Federal Aviation Administration regulations 

will be observed. 

N. Weapons in the Courtroom: Only those deputies assigned to 

courthouse security and designated corrections personnel are 

authorized to carry weapons within the confines of the 

courthouse at all times. 

1. All other law enforcement personnel may be armed in 

the courthouse at the discretion of the presiding judge. 

2. In those instances when the presiding judge prohibits law 

enforcement personnel from being armed within the 

courtroom the weapon may be:

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a. Secured at the courthouse gun lockers; or 

b. Secured in the trunk of the deputy's assigned 

vehicle. 

3. The location of the courthouse gun lockers is in a 

controlled area with limited public access. 

O. Shotguns: Shotguns are approved for the use by all deputy 

sheriffs authorized to carry firearms so long as the following 

requirements are met: 

1. All shotguns will be chambered for the 12-gauge 2-3/4 or 3 

inch shell. 

2. Shotguns will be pump action. 

a. Semi-automatic shotguns may be approved for 

specialized units. 

3. Shotguns will have a barrel length of no less than 

eighteen (18) inches and an overall length of no less than 

twenty six (26) inches. 

a. Specialized units may be authorized to have shotguns 

with barrel lengths less than eighteen (18) inches, 

and overall lengths of less than twenty six (26) 

inches. 

4. Shotguns must be equipped with a shoulder stock. 

5. When deputy sheriffs are off-duty and not operating their 

marked patrol vehicles, they will store their shotgun in a 

secure location other than the passenger compartment of 

their patrol vehicle or will ensure their shotgun is 

secured in a locking shotgun rack. 

6. All deputies carrying a shotgun must demonstrate 

proficiency in its use at least annually, according to 

requirements established by the Firearms Training Unit. 

7. Only shotguns approved by the Firearms Training Unit will 

be carried on duty. 

P. Special Weapons: 

1. Only those submachine guns, rifles, automatic rifles and 

gas weapons approved by the Firearms Training Unit will be 

utilized for Sheriff's Office use. Only those deputies

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authorized by the Director of Law Enforcement Operations will 

be assigned specialized weapons. These deputies must 

demonstrate proficiency at least on an annual basis. These 

weapons will be carried and utilized when authorized by a 

supervisor. 

2. Special weapons which are not being utilized, will be kept 

secured and in a case in the trunk of the deputies 

assigned vehicle, residence, or other secure area. 

3. Gas weapons will only be utilized by those deputies that 

have been trained and have shown proficiency in there use. 

4. Any uniform or non-uniform personnel will be prohibited 

from carrying any type of knife other than a lock back, or 

ordinary pocket knife, unless authorized by the Director 

of Law Enforcement. 

5. Nothing in this standard operating procedure will preclude 

the Sheriff or his designee from authorizing the use of 

special weapons in an emergency situation. 

Q. Unsafe Weapons: 

1. If upon inspection, a Certified Firearms Instructor 

determines that a firearm is unsafe in any manner, he/she 

may take custody of that weapon for further inspection and 

determination. An explanation must be made in writing to 

the Director of Law Enforcement via the Chain of Command 

as to the reason(s) why the weapon was removed. 

2. Immediate arrangements must be made to temporarily 

replace the firearm, so as to prevent the member from 

being unable to perform their duties. This shall be the 

responsibility of the Certified Firearms Instructor who 

took custody of the weapon, unless exigent circumstances 

prevail. 

R. Firearms Proficiency: 

1. Deputies shall carry only those firearms for which current 

proficiency has been demonstrated. Carrying sport 

firearms for hunting or other lawful sports, pursuant to 

Florida law, is exempt from this procedure. 

2. Firearms qualifications standards and procedures and 

records for service firearms shall be established and 

supervised by the Firearms Training Unit, all of whom are 

certified weapons instructors. All personnel authorized 

to carry firearms shall qualify no less than twice

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annually unless otherwise directed by the Sheriff. 

3. Proficiency standards and procedures and records for 

Second/Backup firearms shall be established by the 

Firearms Training Unit. 

4. Firearms instructors shall have the duty and 

responsibility to disqualify deputies for substandard 

firearms proficiency on the basis of unsafe handling or 

insufficient weapon orientation regardless of proficiency 

score. 

5. Failure to Maintain Firearms Proficiency: 

a. Pursuant to Rules & Regulations 8.1.1, deputies are 

required to maintain competence and to demonstrate 

proficiency with their primary service firearm. 

b. Deputies who fail to maintain competence with their 

primary service firearm, as evidenced by unexcused 

expiration of firearms qualification or by 

demonstrated inability to meet firearms qualification 

requirements, shall receive at minimum, a counseling 

and shall be temporarily assigned to duties which do 

not require firearms or assigned vehicles, for a 

period not to exceed two (2) calendar weeks. 

1. While assigned to temporary duty, additional 

on-duty counseling and training shall be 

provided. Re-testing shall be conducted within 

the maximum two (2) week temporary reassignment 

period. 

2. Deputies who fail to demonstrate competence with 

a primary service firearm following 

reassignment, training and re-testing shall be 

subject to disciplinary action in accordance 

with Section 8.1.1 of the Sheriff's Office rules 

and regulations. 

3. Any Reserve/Auxiliary who does not qualify will 

immediately be suspended from their respective 

unit, until such time as they do qualify. The 

Firearms Training Unit will provide training and 

retesting within 30 days. or whenever scheduling 

permits. 

c. Deputies shall not be assigned to duties requiring 

firearms unless firearms proficiency requirements are

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met and demonstrated. 

S. Firearms Range Safety: 

1. Upon expiration of disciplinary suspension 

periods, deputies shall be assigned to duties 

which do not require carrying firearms until 

firearms qualification tests can be conducted. 

2. Repeated failure to demonstrate competence with 

a primary service firearm shall be cause for 

progressive disciplinary action up to and 

including dismissal, as defined in the Rules & 

Regulations Section. 

3. Division Commanders may request the lifting of 

suspension for deputies who demonstrate firearms 

proficiency in an official qualification course 

while under disciplinary suspension due to lack 

of firearms proficiency. 

1. Firearms Training Unit instructors shall control all 

training exercises and shall have absolute authority at 

the range. 

2. Strict discipline will be maintained at all times. 

Carelessness and/or horseplay will not be tolerated. 

3. No trainee may enter or leave the firing line without 

permission from an instructor. 

4. Eye and ear protection shall be worn at all times when on 

the firing line. 

5. Trainees shall not speak with other shooters on the firing 

line. If instructions are unclear, an instructor will be 

called to give assistance. 

6. If a malfunction occurs, clear the problem as trained. If 

this does not correct the problem the firearm shall remain 

pointed down range and an instructor will be summoned for 

assistance. 

7. Never anticipate a command from an instructor. 

8. Firearms are to remain holstered or benched with the 

cylinder/action open unless on the firing line and under 

the direct supervision of an instructor. 

9. Never permit the muzzle of a firearm to point at another 

person.

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10. Firearms will be loaded and unloaded on the firing line 

only. 

11. Treat all firearms as if they are loaded. 

12. Never give/accept a firearm from anyone unless the 

cylinder/action is open for inspection. 

13. Do not dry fire any firearm unless under the direct 

supervision of an instructor. 

T. Culpable Negligence FSS 784.05 

1. Whoever, through culpable negligence, exposes another 

person to personal injury commits a misdemeanor of the 

second degree, punishable as provided in FSS 775.082 or 

FSS 775.083. 

2. Whoever, through culpable negligence, inflicts actual 

personal injury on another commits a misdemeanor of the 

first degree, punishable as provided in FSS 775.083. 

3. Whoever violates subsection (1) by storing or leaving a 

loaded firearm within the reach or easy access of a minor 

commits, if the minor obtains the firearm and uses it to 

inflict injury or death upon himself or any other person, 

a felony of the third degree, punishable as provided in 

FSS 775.082, FSS 775.083 or FSS 775.084. However, this 

subsection does not apply: 

a. If the firearm was stored or left in a securely 

locked box or container or in a location which a 

reasonable person would have believed to be secure, 

or was securely locked with a trigger lock. 

b. If the minor obtains the firearm as a result of an 

unlawful entry by any person. 

c. To injuries resulting from target or sport shooting 

accidents or hunting accidents; or 

d. To members of the Armed Forces, National Guard, or 

State Militia, or to police or other law enforcement 

officers, with respect to firearm possession by a 

minor which occurs during or incidental to the 

performance of their official duties. 

4. When any minor child is accidentally shot by another 

family member, no arrest shall be made pursuant to this 

subsection prior to seven (7) days after the date of the

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shooting. With respect to any parent or guardian of any 

deceased minor, the investigating officers shall file all 

findings and evidence with the state attorney's office 

with respect to violations of this subsection. The state 

attorney shall evaluate such evidence and shall take such 

action as he or she deems appropriate under the 

circumstances and may file an information against the 

appropriate parties. 

5. As used in this instruction, the term "minor" means any 

person under the age of 18 years. 

Sheriff 

Robert L. Crowder

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MCSO SOP 302.00 V (R) - Martin County, Florida

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